The Delhi School Tribunal has reaffirmed that its appellate jurisdiction is strictly reserved for employees of a private recognised school — not employees of the managing Society.
The Delhi School Tribunal has recently reaffirmed critical principles regarding the maintainability of appeals under the Delhi School Education Act (DSEA), 1973, vide its judgment passed in Appeal No. 64/2017 — Swaminath vs. The Indian School & Ors.
The Tribunal held that the right to appeal to the Tribunal is strictly reserved for employees of a private recognised school; it does not extend to employees of the Society that manages the school. Employment with a Society is legally distinct from employment with a School.
Dual Test Applied
The Tribunal accepted arguments done on behalf of the School that even if a Society employee is deployed to work at a school, they remain governed by the Society's rules and cannot invoke the Tribunal's jurisdiction. To determine the true employer, the Tribunal applied the dual tests of:
- Paymaster — who pays the salary
- Control/Supervision — who directs the work and holds disciplinary power